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Backup Documents 06/08/2021 Item #16C11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 C 1 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 60 6 7/1z4 2. County Attorney Office County Attorney Office / 4. BCC Office Board of County Commissioners ,4 I 'IS ar) 4. Minutes and Records Clerk of Courts Office Ia(isiaorl Pocon 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/PURCHASING Contact Information 239-252-8407 Contact/ Department Agenda Date Item was June 8th 2021 Agenda Item Number 16.C.11 Approved by the BCC Type of Document AGREEMENT Number of Original 1 Attached Documents Attached PO number or account N/A 21-7829 MATERIAL number if document is MATERIAL HANDLING to be recorded HANDLING SYSTEMS, INC SYSTEMS, INC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 06/08/2021 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County yL an option for Attorney's Office has reviewed the changes,if applicable. line. 9. Initials of attorney verifying that the attached document is the version approved by the RE gNED BCC,all changes directed by the BCC have been made,and the document is ready for the 1111 JUG a gpti9p,for Chairman's signature. sM L Risk Management 16Cii MEMORANDUM Date: June 15, 2021 To: Jessica Suarez, Purchasing Technician Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #21-7829 "Fixed Term Services Agreement" for Overhead Crane and Hoist Preventative Maintenance and Repair Contractor: Material Handling Systems, Inc. Attached for your records is an original of the referenced document above, (Item #16C11) adopted by the Board of County Commissioners on Tuesday, June 8, 2021. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16C1I FIXED TERM SERVICE AGREEMENT # 21-7829 for Overhead Crane and Hoist Preventative Maintenance and,,Repair THIS AGREEMENT, made and entered into on this vs^ day ofL� 2021 , by and between Material Handling Systems, Inc. authorized to do business in the State of Florida, whose business address is 2741 NE 4th Avenue, 4th Floor, Pompano, FL 33064 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ■ upon the date of Board approval; or 7 on - - - and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order ❑Notice-to-Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Regtiost for-RroposakREP) I. Invitation to Bid (ITB) n Other.. ( )# 21-7829 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. • The Contractor shall also provide services in accordance with Exhibit A - Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement 2021_Ver.1 C 1 1 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ Lum-p-Sum (ed-Pci,ce� A-f1-th ed--total-price offering-.fsr-a-project;the�isl'�s-are transferred--#retthe- ant e-t-he-contralto ; practice—there re-no hourly---or—material—invoices presented, rather +he oonlracter mom-perform to--the satisfaction of the-Gounty's prejee anger-efere--payment-for--thc fixed price contra is-authorized, II Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement 2021_Ver.1 1 6 C 1 1 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 475 ❑ ¢-check---if--applicable)._Trawl-and-Reim bursa ble-Expenses: Travel-and R-eimbwr-sable-Expenses must be approved -wr-iting--by-the�ounty. Travel expe ses s a4l-be-re-im ed--as-per--Sec-1 :0�1 Ixla-Stats: Reimberscmenshall-bc at the following-Tates- Mileage $0:44:5--per-mile Breakfast $6:00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited-to 4 ist-e aach--Blass4are Rental-ear Ae l-rentat-cest 1imite4-te-eempaet-er-stan4acd size vehicles Lodging Actual-ce gitlg-at-si-ngle-occupaney it eap-e me mere than-$45,00-per-night Parking Actual--elf-parking Taxi r-Airport-Li eine Actual-test-of eitheFtaxi-oFairport-limousine Reimb aable4terns-other-4han-tFael-expense&shall be-limited to the-follcwing:-telephone long--distance charge-ss- -fax charges;photoeapyiaag changes and-postage. Reimbursable items-win-be-paid-only-after Contractor has provided---a11--receipts--Contractor-shad---be responsible-for-a-li--ether cents-and-expense-associated--with-activities-an-d--soliei-tations -undertaken-pursuant-to4his Agreement 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Material Handling Systems, Inc. Address: 2741 NE 4th Ave Pompano Beach, FL 33064 Authorized Agent: Danielle Fontes, CFO Attention Name & Title: Henry Manson, Branch Manager Telephone: (954) 416-3729 / (407) 450-6309 E-Mail(s): Danielle.Fontes@mhscrane.com / OrlandoManager@n Page 3 of 17 Fixed Term Service Agreement 2021_Ver.I 90, All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Solid & Hazardous Waste Management Division Director: Kari Hodgson Address: 3339 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Taylor Sawatzky, Project Manager Telephone: (239) 252-5333 E-Mail(s): Taylor.Sawatzky@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed Term Service Agreement 2021_Ver.1 16C11 the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. • Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ICI Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. D ❑ Professional-Liability: Shall-be-haintaaned--b the-6ontraactor-tfl-ensure--its-legal liability-f r-claim --a ing--out--of--the----perfor anee--ef professien-ad--services---u ader--this Agr-eemer t:-Oentr-aeter--waives-its-right-of-reeovefy--against-Ooaul ty-as-to ar y4ai ns-under tl is-iris- ranee:- eh—E suranee-skull-have-iirr its-ef-not-less-t-harr-$--- each claim alad-aggregate. d=-❑ C y ber.Liability:-Coverage-alai!-have- r um-limits-of-$ {per-elai :h F- ❑ _._ --Goverag shaihhave �e glair - Page 5 of 17 Fixed Term Service Agreement 2021_Ver.1 Eti mac. 16C11 Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page 6 of 17 Fixed Term Service Agreement 2021_Ver.1 16C 1 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid and Hazardous Waste Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), U Exhibit A Scope of Services, Exhibit B Fee Schedule, f RFP/ n ITB/❑ Other---- - -� #21-7829 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent and ■ Other Exhibit/Attachment: Federal Contract Provisions and Assurances . 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: Page 7 of 17 Fixed Term Service Agreement 2021_Ver.l 16CI1 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestcolliercountvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. Page 8 of 17 Fixed Term Service Agreement 2021_Ver.1 16 CI. 1 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. • CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. ■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, Page 9 of 17 Fixed Term Service Agreement 2021_Ver.1 16C11 fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. ❑■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. • PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. Page 10 of 17 Fixed Term Service Agreement 2021_Ver.1 I6Ci1 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ KEY PERSONNEL. The Gentr-aotor's-per-sonnet-and--managelnent--to be--utilzed-ffef this-project shall--be-knowledgeable-in-their-a,eas f expeftfec. The--Oas:araty-reservesthe fight te-perfer-m--investigations-as--n aay--be-deemed neeessang--to--ensure-that-competent per-sons-will~-be-itilized-ir e--performance-o 4he--Agreement. The--Gont etorshaW assigc as-many-people--as-neoessacyy--to-complete-the-secviees-ors a timely-basls and-each-person assigned-shall--be--ava+lable--fern--amount-of-time-adequate to eetthc required--service dates.-The-Gontractar-shall-not-change-Key-Rcronnel tess4he-foIlowing-coalitions-are met (1) Proposed-replacements have substantially the same--or--bettef-qualifis-at+eas and/or-exper epee-(2) that-the-Gouty-is-notified-in-writing-as-far4R a4 enec as-possible: The-Contractor•_staid- make-eommerciallyW reasonable-efforts-to otify-Gollier_Gounty-within sev -(7) days--of the-e#ange,--Thc County retains-final-approval-of-proposed-replacement personnel, n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 11 of 17 Fixed Term Service Agreement 2021_Ver.1 l6Cii 35. ❑ ORDER-OF-PRECEDENCE. In-tf e-event of-a-ray-c©nflist-bet.^reen-ar-aaaaareg-the terms of-an -of-tl e--Oontfaet--®sea eats;-tl e-ter elicitatio ntraatar s--4 anettar-the-Gounty's Board--approved-Executive Summafr;the ont Dac-u nt loft take-precedence: ❑� ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Page 12 of 17 Fixed Term Service Agreement 2021_Ver.1 1 6 C 1 1 38. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement 2021_Ver.1 I 6 C11 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: - BOARD OF COUNTY COMMISSIONERS Crystal K.<inzel, Acting Clerk of Court COLLIER OUNTY, FLORIDA &Comptroller By: By: • Dated: P N AYL air (SEALligg as 4 h `des Contractorg*iiiag&W Material Handling Systems, Inc. Contractor ---��— - By: Contrac ors irs fitness i natur Pa 10 ('tit-tax T ype/print signature and titleT TType/print witness name Con ractor's Second Witness TType/print witness nameT Approve s to Form and Legality: County Attorne rant Nam �,v� _1 Page 14of17 Ihscd Term Service Agreement 2021__Ver,I 16C11 Exhibit A Scope of Services ❑� following this page (containing 3 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement 2021_Ver.1 16C11 ITB#21-7829 "Overhead Crane and Hoist Preventative Maintenance and Repair" Exhibit A SCOPE OF SERVICES The intent of this Agreement is to provide preventative maintenance and repairs on cranes, hoists and davits for the Public Utilities Department.The cranes and hoists serve varying purposes and are located County-wide. Each piece of equipment has its own operating manual and specified maintenance requirements.The intent is to maximize the lifespan of the equipment. The terms"Vendor"and"Contractor"will be used interchangeably throughout the Agreement. 1. CRANE AND HOIST LOCATIONS SCWRF—5600 Warren Street,Naples,Florida(Water Reclamation Facilities) NCWRF—10500 Goodlette Frank Road,Naples,Florida(Water Reclamation Facilities) NCRWTF—8005 Vanderbilt Beach Road,Naples,Florida(Water Reclamation Facilities) SCWRF—3851 City Gate Drive,Naples,Florida(Water Reclamation Facilities) 2323 Piper Blvd.Naples,Fl.34109 10015 Heather Lane Naples,Fl.34109 6027 Shirley Street Naples,FL 34109 Foxfire-5500 Radio Road(IQ Pump Station) Glades- 105 Palm Drive(IQ Pump Station) Pelican Bay-Watergate Way(IQ Pump Station) Mobile Cranes-F450 Truck Mount 2. PREVENTATIVE MAINTENANCE AND REPAIRS 2.1. Preventative maintenance will be conducted on all cranes, hoists and davits at the locations listed above in accordance with the manufacturers recommendations and industry standards. The vendor must complete the Collier County Public Utilities Department Preventative Maintenance Program Annual Crane Inspection Checklist(attached following page 3 of this scope).The vendor shall provide the following with each Inspection Checklist: • Remarks for each crane,hoist and davit inspection • A minimum of three photos(before,during,after)of the crane,hoist and davit being serviced. • Recommend repairs,if applicable • A complete Checklist must be submitted by the vendor to County Representative upon completion or within three (3)business days if repairs are recommended. Note: failure to provide the completed, signed and dated Checklist may delay the vendor's payment. 2.2. Material used during preventative maintenance including but not limited to grease,lube,fluids,filters,sundries would be considered part of the service by industry standards shall not be invoiced to the County and shall be included in the preventative maintenance unit price as outlined on Exhibit B-Fee Schedule. 2.3. The vendor shall provide a master schedule of days for all preventative maintenance. 2.4. All cranes must receive annual certifications provided by the vendor during the preventative maintenance. 2.5. Should a repair or replacement part be recommended, the vendor shall provide a quote for all parts and labor in the "Recommendations for Repairs"section of the Inspection Checklist.Prior to the repair the vendor must obtain the County Representative's signature and approval to perform the repair. The quote shall be provided within three(3)business days from the date of the preventative maintenance. Labor rates and allowable 10%markup must be billed as listed on the Exhibit B-Fee Schedule. Page 1 of 3 Exhibit A-Scope of Services '�` 16C11 2.6. It shall be to the sole discretion of the County Representative to determine if the quote provided is reasonable. The County Representative may evaluate the quotes and recommendations to determine a course of action in the best interest of the County. 2.7. Should the quote for repairs or replacements change,it is both the vendor and the County Representative's responsibility to assure a modified Purchase Order is issued.Failure to update the Purchase Order may delay payment. 2.8. Should the vendor need to hire a subcontractor,the subcontractor charges may be invoiced at cost plus a non-negotiable 15% markup. A copy of the subcontractor's invoice shall be submitted along with vendor's invoice. Subcontractor's hourly rate may not exceed the vendor's hourly rates listed on the Bid Schedule. 2.9. The vendor may only invoice for actual time at the job site.The County Representative will confirm the charges.Travel and related travel expenses will not be accepted. 2.10. The vendor shall perform a joint inspection with the County upon completion of all work,unless waived by the County Representative. The work shall not be deemed complete until all requested documentation has been provided to the County Representative. 3. EQUIPMENT&PARTS 3.1. All equipment and parts provided and installed by the vendor shall be new and free of defects and may require County Representative approval prior to installation. At a minimum, replacement parts and/or maintenance materials shall be based on the crane and hoist manufacturer's recommendations. 3.2. Equipment and parts with a single item amount of up to$250.00 or more shall require backup documentation. Equipment and parts may be invoiced at cost plus non-negotiable 10%markup. Markup does not apply to sales tax,or freight charges. All shipping or freight charges must have backup documentation. 3.3. Should the vendor need to rent equipment to complete the project, rental charges may be invoiced at cost plus a non- negotiable 10%markup. A copy of the rental receipt shall be required with the vendor's invoice. 4. ASSIGNMENT OF WORK 4.1. The vendor shall provide a company contact name,phone number and email address for all requests and shall be available twenty-four(24)hours per day,365 days per year. 4.2. If the primary vendor does not respond in the required time period,the County may solicit the secondary vendor and then the tertiary vendor. 4.3. The County will issue a PURCHASE ORDER. No work shall be performed until the vendor is in receipt of an approved purchase order. 4.4. A Purchase Order shall survive Contract expiration to allow completion of an order. 5. WORK HOURS 5.1. Normal business hours shall be 7:00am to 5:00pm,Monday through Friday,excluding County observed holidays.Requests outside of the normal business hours shall follow the Urgent Response listed below. 6. RESPONSE TIMES 6.1. Normal Request • Vendor shall acknowledge a request for quote via email or phone call within twelve(12)hours from the time the County issued the request. • Vendor shall provide a written quote to the requestor via email within three(3)business days of the initial request from the County. Page 2 of 3 Exhibit A-Scope of Services 16Ci1 • The County may request that the vendor start work within two (2)business days after a valid Purchase Order has been e-mailed to the vendor by an appropriate County Representative. 6.2. Urgent Request • Vendor shall acknowledge an urgent request via email or phone call within one(1)hour of the request being sent by the County. • Vendor shall be on-site within three(3) hours after the County's initial request. A response time that exceeds the three(3)hours must be approved by the County Representative. • The County will provide a valid Purchase Order within forty-eight(48)hours of the initial urgent request. • Vendor shall be paid 1.5x straight time hourly rate for urgent requests regardless of the day or time the work is performed. 6.3. If the vendor fails to respond within the required response times for both Normal and Urgent requests, the County reserves the right to seek services outside of the contract. 7. PERMITS 7.1. The vendor shall be responsible for permit submissions,unless otherwise instructed in writing by the County. Permit fees will be reimbursed at cost,no mark-up shall be allowed. Supporting documentation showing the fee paid must be included with the vendor's invoice. 7.2. If the permit submissions requiring engineering services, the vendor must use a licensed Engineer with all applicable certifications. 8. SAFETY 8.1. The Vendor shall comply with all Occupational Safety and Health Administration (OSHA), Environmental Protection Agency(EPA),the National Institute of Occupational Safety Hazards(NIOSH),the American National Standards Institute (ANSI), the National Fire Protection Association (NFPA), the Crane Manufacturers Association of America, Inc. (CMAA), National Electric Code (NEC), American Society of Mechanical Engineers (ASME), State and County regulations while performing work under the resultant Contract. Vendor shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 8.2. Barricades shall be provided and utilized by the vendor when work is performed in public areas,or when deemed necessary by the County. 8.3. Hazardous conditions shall be immediately reported to the County. Page 3 of 3 Exhibit A-Scope of Services 1 6 CI 4 Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 Fixed Term Service Agreement 2021_Ver.1 16C1 1 ITB#21-7829 "Overhead Crane & Hoist Preventative Maintenance and Repair" Exhibit B-FEE SCHEDULE Preventative Maintenance&Certification (all-inclusive pricing) Item # Unit Price 1 .5 Ton Crane and Hoist $86.00 2 1 Ton Crane and Hoist $86.00 3 1.5 Ton Crane and Hoist $86.00 4 2 Ton Crane and Hoist $86.00 5 2.5 Ton Crane and Hoist $86.00 6 3 Ton Crane and Hoist $105.00 7 3.5 Ton Crane and Hoist $105.00 8 4 Ton Crane and Hoist $107.00 9 4.5 Ton Crane and Hoist $107.00 10 5 Ton Crane and Hoist $107.00 11 5.5 Ton Crane and Hoist $108.00 12 6 Ton Crane and Hoist $108.00 13 Mobile Crane Lift $86.00 14 Davit Cranes(standard price) $86.00 Repair Services Item # Hourly Rate 15 Project Manager $86.00 16 Field Supervisor $86.00 17 Operator $86.00 18 Specialized Laborer $86.00 19 Laborer $86.00 MARKUP and OVERTIME RATE Equipment and Parts Markup Percent 10% Rental Equipment Markup Percent 10% Subcontractor Markup Percent 15% County Observed Holidays,and Urgent Requests Markup Rate 1.5X Straight Time Hourly 16Cia Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances 0 following this page (containing 12 pages) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement 2021_Ver.1 1 6 Cif Collier County Solicitati n 21-7829 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23)the definition of CONTRACTOR is an entity that receives a Contract/Purchase Order. Compliance with Federal Law,Regulations and Executive Orders:The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii)the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii)the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288,as amended,42 U.S.C. 5121 et seq., and Related Authorities O FEMA Public Assistance Program and Policy Guide (Version 4, most recent update, Effective June 1, 2020) EXHIBIT I-1 1/13/2021 12:54 PM p.46 1 C 1 1 Collier County Solicitati n 21-7829 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations,excerpts,and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Changes: To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. DHS Seal, Logo,and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. No Obligation by Federal Government:The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity,contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor,arising out of or relating to this contract, or the breach of it,will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Termination: See Standard Purchase Order and/or Contract Terms and Conditions Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). (1) Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(1)of this section, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. EXHIBIT 1-2 1/13/2021 12:54 PM p.46-,- Collier County Solicitati n 21-7829 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)of this section. (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Clean Air Act (over$150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq, 2.The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards,orders, or regulations issued pursuant to the Federal Water Pollution Control Act,as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Suspension and Debarment: (1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any EXHIBIT I-3 1/13/2021 12:54 PM p.47 1 6 IC 1 Collier County Solicitati n 21-7829 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.' Procurement of Recovered Materials (§200.323) (Over$10,000): 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements;or c.At a reasonable price. 2. Information about this requirement,along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4)Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5)of this section. Domestic Preference for Procurements 200,322 (a)As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase,acquisition,or use of goods,products,or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.(b)For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.(2)"Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. EXHIBIT I-4 1/13/2021 12:54 PM p.48 16C1 .1 Collier County Solicitation 21-7829 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES TELECOMMUNICATIONS EQUIPMENT OR SERVICES Prohibition on Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy,#405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause— (b) Prohibitions. (1)Section 889(b)of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub.L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c)of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend,or renew a contract to procure or obtain any equipment, system,or service that uses covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology of any system; (iii)Enter into,extend,or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system;or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1)This clause does not prohibit contractors from providing—a. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: a. Covered telecommunications equipment or services that: I.Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification:The contract number;the order EXHIBITI-S 1/13/2021 12:54 PM p.49 1 C1 . EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.(ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services,and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. (f) Definitions Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network(e.g.,connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave)or wired (e.g.,fiber optic, coaxial cable, Ethernet) Covered foreign country means the People's Republic of China. Covered telecommunications equipment or services means—a.Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); b. For the purpose of public safety, security of Government facilities. physical security surveillance of critical infrastructure,and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities);c.Telecommunications or video surveillance services provided by such entities or using such equipment;or d.Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B)or sharing data and other information resources. Roaming means cellular communications services(e.g.,voice,video,data)received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. Telecommunications equipment or services means telecommunications or video surveillance equipment or services, such as, but not limited to, mobile phones, land lines, internet, video surveillance, and cloud servers. EXHIBIT I-6 I6CL1 Collier County Solicitatl.n 21-7829 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 G.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4. During the performance of this contract, the contractor agrees as follows; (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex,sexual orientation,gender identity,or national origin.The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion,or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,color, religion, sex, sexual orientation, gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to he provided advising the said labor union or workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,or as otherwise provided by law. EXHIBIT I-7 1/13/2021 12:54 PM p.51 16 C 11 Callier County SotcitatiOn 21-7829 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I-8 1/13/2021 12:54 PM p. I6Cit Collier County Soticitatk(n 21-7829 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms,Conditions,and Grant Clauses Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include In the subcontract that(1)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law.The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge,the grant requirements identified in this document. fi Vendor/Contractor Name nt-i-evaki Newthnj Glir'/ ' v,t' Date P r (� Authorized Sig V/ 1 r J EXHIBIT I-9 1/13/2021 12:54 PM p.53 01yv; 16C11 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (I) The prospective subcontractor of the Sub-recipient, Collier County,certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment,. declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTR CTOR t"i,�tvi Q,t Cd/ Sp0175 .-t Signatur Pe-0 if li fai-P4 RC CtiqC(( Watila t-e 17" Name and Titl 2T7 Li/ r 1!: Ifrth ,c hhuu+r Stre dress c,144 0 acW , FL- 3 (0 ' City, State, p e2 72 a c33z- DUNS Number t"-- " Ut.cr V 1 l 1 1 Zo2 r Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I-10 1 6 CI. 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Stattra wiE be^rerifred. Ufwenfabe statuses yid require the PR ME to either oroyde a revised statement OF provide source documentaVon that YaIsdates a status. S A. PRIME VENDOR/CONTRACTOR INFORMATION FAME NAME PRIME FE D NUMBER CONTRACT DOLLAR AMOUNT m2404 / Apte,,i6,41.4, bc-IR 3 9 IA ig;307, op ,,,THE PR/ME A FLORZIA-CERTINE D! vANTAGED. vrrEpAN ,. ,S THE ACTIVITY OF THE CONTRACT_ MINORITY OP WOMEN BUSER E ENTERPRiSEI Dere If e CONSTRUCTION? Y C;) '(DISE/MBEILVBEr OR NAVE A SMALL DISADIrANTAGED IRJENESSBA<ERTIUCATION PROM Tint SMALL BUSINESS MBE' 0 ...„,...-)N CONSULTATION? -ADMINISTRATION? A SER"y CE DISAELED VETERS N. WEE? Y LN.) °meal 6...) N SDIS DA,t5) N iS,nri S St,Er..LIS O.N A N ,F I ES,REVS ON NLFASEP • , Et, IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED, BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DEE trt/WEE SUBCONTRACTOR OR SUPPLIER -TYPE OF WOP OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VTTERAr NAME SPECIALTY (5e*!Wow) 00'..I.AR AMOUNT DOLLARS 1 Al. ii4e , 70'SL'; • • ' C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER iik-fivil ititatiL6evi rearwtvy, //, zozi j.„5tatAck-i tvliktnekVir EMAIL.ADDRESS Of PRIME(SUBNUTTER) TEEERNIMM NUMBER Fax NUMBER OriVelti tViatileedieerailis at, Lb 7-tiliV-k3 oci tio7-373- t,o7,-7 e NOTE:This information is used to track and report anticipated DBE Or MEE participation In federalIvAnded contracts, The anticpated DEE or MBE amount is voiontary and wit not become part of the contractual terms. This form must be submitted at time of response to a solicitation.. d and when a%a-dad a Country contract,the prime will be asted to update the information forth,grant compliance flies EINsisciTY CODE Sack A rrrerrcan r1,111A1tt A mer.eati r.....47-5, Native Afrstrtall ItA - subcont.As:an American SAA Asian-Pacific Arnencan ARA Noartrknority Women NMysi Other not of any oEh grOup fisted 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY zEPAATMENT NAME -,7.0.,:,.,EP CONTM.CT i 1 F5 Po P or e SEC SPAT DP,X. ANII(ONT,t,IC7 i I ACCEPTED By. * DATE EXHIBIT I-11 1,6:1- ‘ 1 6 CI. i Collier County Solicitation 21-7829 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding$100,000) The undersigned]Contractor]certifies,to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation, renewal,amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee f Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, r cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. E 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction ws made or entered into. Submission of this certification is a prerequisite for making or entering into this transacts n imposed by 31, U.S.C.§ 1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to fi e the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,0(0 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification arid disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S,C. § 3801 et seq., apply to this certification and disclosure, if any. ��ff k/ late) (1Sh/ L --yfContractor( irm Name) jjJ 1 Signature Co itracto s Authorized Official 11 v /011.14ovi 1gratt1 eta v Name and Ti le of Contractor's Autho ized Official 6( v` 1 it 1 2oz/ Date EXHIBIT I-12 1/13/2021 12:54 PM 1 p.56 i t6Ct1 AC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY AE(MMDDPY Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Middle Unit 1 NAME: Setnor Byer Insurance & Risk (a//°Nru.Ext): (954)382-4350 FAX (A/C,No)• (954)382-2810 900 S. Pine Island Road #300 E-MAIL certificates@setnorbyer.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Plantation FL 33324 INSURER A:National Trust Insurance Co 20141 INSURED INSURER B:FCCI Insurance Company 10178 Material Handling Systems, Inc INSURERC: 2741 NE 4th Avenue INSURER D: INSURER E: Pompano Beach FL 33064 INSURERF: COVERAGES CERTIFICATE NUMBER:2020_1230 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN W Sn VD POLICY NUMBER IM /Y M/DDYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR DAMAGE (RENTED PREMISESS(Ea occurrence) $ 100,000 X Y GL100065138 1/1/2021 1/1/2022 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X CrJE LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS X y CA100065134 1/1/2021 1/1/2022 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION $ UMB100065140 1/1/2021 1/1/2022 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A B (Mandatory in NH) y wC0100065141 1/1/2021 1/1/2022 E.L.DISEASE-BA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability: Additional Insured per form CGL0841013 and CGL0880115, when required by written contract, Primary and Noncontributory per form CG20010413, when required by written contract, Waiver of Subrogation per form CGL0880115, wheen required by written contract. Workers compensation: Waiver of Subrogation per from WC0003130484, when required by written contract. Auto liability: Additional Insured per form CAU0580519, when required by written contract, Waiver of Subrogation per form CAU0580519, when required by written contract. Excess Liability is excess of scheduled underlying. All of the above are subject to policy terms, limitations and conditions. 45 day notice of cancellation, except 10 days for CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail East Naples, FL 34112 AUTHORIZED REPRESENTATIVE Daniel Saunders/DANNY ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) I 6 C1 COMMENTS/REMARKS non-payment as per Florida statute. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. 16C11 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Copy 16C1. 1 POLICY NUMBER: GL100065138-00 COMMERCIAL GENERAL LIABILITY CGL 084(10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the"coverage territory") 001 (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. Insured Copy 1 lb C11 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. "Your work" performed for the additional insured and included in the"products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to"bodily injury", "property damage"or "personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. Insured Copy 16 C t 1 1. Give us written notice of an "occurrence" or an offense which may result in a claim or"suit" under this insurance, and of any claim or"suit"that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the"suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit"to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. Insured Copy l b C1 J. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE Additional Insured Coverage 9 Bail Bonds 9 Blanket Waiver of Subrogation 14 Bodily Injury and Property Damage 1 Care, Custody or Control 3 Contractors Errors and Omissions 6 Contractual Liability(Personal &Advertising Injury) 2 Electronic Data Liability 1 General Liability Conditions 13 Incidental Malpractice 9 Insured 9 Limited Product Withdrawal Expense 3 Limits of Insurance 11 Loss of Earnings 9 Lost Key Coverage 8 Newly Formed or Acquired Organizations 11 Non-Owned Watercraft 1 Property Damage Liability—Borrowed Equipment 1 Tenant's Property and Premises Rented To You 8 Voluntary Property Damage 2 Insured Copy 16C11 COMMERCIAL GENERAL LIABILITY CGL 088(01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s)to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I-COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. 2. Non-owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability—Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to"property damage"to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for"property damage"to any one borrowed equipment item under this coverage is $25,000 per"occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured. whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of. damage to, corruption of, inability to access, or inability to manipulate''electronic data"that does not result from physical injury to tangible property. The most we will pay under Coverage A for"property damage" because of all loss of"electronic data" arising out of any one"occurrence" is$10,000. We have no duty to investigate or defend claims or"suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V—DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088(01 15) Includes copyrighted material of the Insurance Services Office. Inc.,with its permission. Page 1 of 14 Copyright 2015 FCCI Insurance Group Insured Copy